A note on the material below:
This is a verbatim reproduction of Title 18 (The Rico Laws) from
the Government Printing Office (GPO) on line, with hyperlink
enhancements to be added - real soon now - referenced documents.

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec.
1961. Definitions.1962. Prohibited activities.1963. Criminal penalties.1964. Civil remedies.1965. Venue and process.1966. Expedition of actions.1967. Evidence.1968. Civil investigative demand.
Amendments
1990--Pub. L. 101-647, title XXXV, Sec. 3559, Nov. 29, 1990, 104
Stat. 4927, struck out ``racketeering'' after ``Prohibited'' in item
1962.
1970--Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
941, added chapter 96 and items 1961 to 1968.
Chapter Referred to in Other Sections
This chapter is referred to in section 3582 of this title; title 7
section 12a.
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1961. Definitions.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 16, 1996]
[Document affected by Public Law 104-132 Section 433]
[Document affected by Public Law 104-153 Section 3]
[CITE: 18USC1961]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1961. Definitions
As used in this chapter--
(1) ``racketeering activity'' means (A) any act or threat
involving murder, kidnapping, gambling, arson, robbery, bribery,
extortion, dealing in obscene matter, or dealing in a controlled
substance or listed chemical (as defined in section 102 of the
Controlled Substances Act), which is chargeable under State law and
punishable by imprisonment for more than one year; (B) any act which
is indictable under any of the following provisions of title 18,
United States Code: Section 201 (relating to bribery), section 224
(relating to sports bribery), sections 471, 472, and 473 (relating
to counterfeiting), section 659 (relating to theft from interstate
shipment) if the act indictable under section 659 is felonious,
section 664 (relating to embezzlement from pension and welfare
funds), sections 891-894 (relating to extortionate credit
transactions), section 1029 (relating to fraud and related activity
in connection with access devices), section 1084 (relating to the
transmission of gambling information), section 1341 (relating to
mail fraud), section 1343 (relating to wire fraud), section 1344
(relating to financial institution fraud), sections 1461-1465
(relating to obscene matter), section 1503 (relating to obstruction
of justice), section 1510 (relating to obstruction of criminal
investigations), section 1511 (relating to the obstruction of State
or local law enforcement), section 1512 (relating to tampering with
a witness, victim, or an informant), section 1513 (relating to
retaliating against a witness, victim, or an informant), section
1951 (relating to interference with commerce, robbery, or
extortion), section 1952 (relating to racketeering), section 1953
(relating to interstate transportation of wagering paraphernalia),
section 1954 (relating to unlawful welfare fund payments), section
1955 (relating to the prohibition of illegal gambling businesses),
section 1956 (relating to the laundering of monetary instruments),
section 1957 (relating to engaging in monetary transactions in
property derived from specified unlawful activity), section 1958
(relating to use of interstate commerce facilities in the commission
of murder-for-hire), sections 2251, 2251A, 2252, and 2258 (relating
to sexual exploitation of children), sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),
sections 2314 and 2315 (relating to interstate transportation of
stolen property), section 2321 (relating to trafficking in certain
motor vehicles or motor vehicle parts), sections 2341-2346 (relating
to trafficking in contraband cigarettes), sections 2421-24 (relating
to white slave traffic), (C) any act which is indictable under title
29, United States Code, section 186 (dealing with restrictions on
payments and loans to labor organizations) or section 501(c)
(relating to embezzlement from union funds), (D) any offense
involving fraud connected with a case under title 11 (except a case
under section 157 of that \1\ title), fraud in the sale of
securities, or the felonious manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in a controlled
substance or listed chemical (as defined in section 102 of the
Controlled Substances Act), punishable under any law of the United
States, or (E) any act which is indictable under the Currency and
Foreign Transactions Reporting Act.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``this''.
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(2) ``State'' means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, any territory or
possession of the United States, any political subdivision, or any
department, agency, or instrumentality thereof;
(3) ``person'' includes any individual or entity capable of
holding a legal or beneficial interest in property;
(4) ``enterprise'' includes any individual, partnership,
corporation, association, or other legal entity, and any union or
group of individuals associated in fact although not a legal entity;
(5) ``pattern of racketeering activity'' requires at least two
acts of racketeering activity, one of which occurred after the
effective date of this chapter and the last of which occurred within
ten years (excluding any period of imprisonment) after the
commission of a prior act of racketeering activity;
(6) ``unlawful debt'' means a debt (A) incurred or contracted in
gambling activity which was in violation of the law of the United
States, a State or political subdivision thereof, or which is
unenforceable under State or Federal law in whole or in part as to
principal or interest because of the laws relating to usury, and (B)
which was incurred in connection with the business of gambling in
violation of the law of the United States, a State or political
subdivision thereof, or the business of lending money or a thing of
value at a rate usurious under State or Federal law, where the
usurious rate is at least twice the enforceable rate;
(7) ``racketeering investigator'' means any attorney or
investigator so designated by the Attorney General and charged with
the duty of enforcing or carrying into effect this chapter;
(8) ``racketeering investigation'' means any inquiry conducted
by any racketeering investigator for the purpose of ascertaining
whether any person has been involved in any violation of this
chapter or of any final order, judgment, or decree of any court of
the United States, duly entered in any case or proceeding arising
under this chapter;
(9) ``documentary material'' includes any book, paper, document,
record, recording, or other material; and
(10) ``Attorney General'' includes the Attorney General of the
United States, the Deputy Attorney General of the United States, the
Associate Attorney General of the United States, any Assistant
Attorney General of the United States, or any employee of the
Department of Justice or any employee of any department or agency of
the United States so designated by the Attorney General to carry out
the powers conferred on the Attorney General by this chapter. Any
department or agency so designated may use in investigations
authorized by this chapter either the investigative provisions of
this chapter or the investigative power of such department or agency
otherwise conferred by law.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
941; amended Pub. L. 95-575, Sec. 3(c), Nov. 2, 1978, 92 Stat. 2465;
Pub. L. 95-598, title III, Sec. 314(g), Nov. 6, 1978, 92 Stat. 2677;
Pub. L. 98-473, title II, Secs. 901(g), 1020, Oct. 12, 1984, 98 Stat.
2136, 2143; Pub. L. 98-547, title II, Sec. 205, Oct. 25, 1984, 98 Stat.
2770; Pub. L. 99-570, title I, Sec. 1365(b), Oct. 27, 1986, 100 Stat.
3207-35; Pub. L. 99-646, Sec. 50(a), Nov. 10, 1986, 100 Stat. 3605; Pub.
L. 100-690, title VII, Secs. 7013, 7020(c), 7032, 7054, 7514, Nov. 18,
1988, 102 Stat. 4395, 4396, 4398, 4402, 4489; Pub. L. 101-73, title IX,
Sec. 968, Aug. 9, 1989, 103 Stat. 506; Pub. L. 101-647, title XXXV,
Sec. 3560, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103-322, title IX,
Sec. 90104, title XVI, Sec. 160001(f), title XXXIII, Sec. 330021(1),
Sept. 13, 1994, 108 Stat. 1987, 2037, 2150; Pub. L. 103-394, title III,
Sec. 312(b), Oct. 22, 1994, 108 Stat. 4140.)
References in Text
Section 102 of the Controlled Substances Act, referred to in par.
(1)(A), (D), is classified to section 802 of Title 21, Food and Drugs.
Section 2258, referred to in par. (1)(B), probably means the section
2258 of this title added by section 160001(a) of Pub. L. 103-322.
The Currency and Foreign Transactions Reporting Act, referred to in
par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84 Stat.
1118, which was repealed and reenacted as subchapter II of chapter 53 of
Title 31, Money and Finance, by Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31.
The effective date of this chapter, referred to in par. (5), is Oct.
15, 1970.
Amendments
1994--Par. (1)(A). Pub. L. 103-322, Sec. 330021(1), substituted
``kidnapping'' for ``kidnaping''.
Pub. L. 103-322, Sec. 90104, substituted ``a controlled substance or
listed chemical (as defined in section 102 of the Controlled Substances
Act)'' for ``narcotic or other dangerous drugs''.
Par. (1)(B). Pub. L. 103-322, Sec. 160001(f), which directed the
amendment of section ``1961(l) of title 18, United States Code'' by
substituting ``2251, 2251A, 2252, and 2258'' for ``2251-2252'', was
executed by making the substitution in par. (1)(B) of this section, to
reflect the probable intent of Congress, because this section does not
contain a subsec. (l).
Par. (1)(D). Pub. L. 103-394 inserted ``(except a case under section
157 of that title)'' after ``title 11''.
Pub. L. 103-322, Sec. 90104, substituted ``a controlled substance or
listed chemical (as defined in section 102 of the Controlled Substances
Act)'' for ``narcotic or other dangerous drugs''.
1990--Par. (1)(B). Pub. L. 101-647 substituted ``section 1029
(relating to'' for ``section 1029 (relative to'' and struck out
``sections 2251 through 2252 (relating to sexual exploitation of
children),'' before ``, section 1958''.
1989--Par. (1). Pub. L. 101-73 inserted ``section 1344 (relating to
financial institution fraud),'' after ``section 1343 (relating to wire
fraud),''.
1988--Par. (1)(B). Pub. L. 100-690, Sec. 7514, inserted ``sections
2251 through 2252 (relating to sexual exploitation of children),''.
Pub. L. 100-690, Sec. 7054, inserted ``, section 1029 (relative to
fraud and related activity in connection with access devices)'' and ``,
section 1958 (relating to use of interstate commerce facilities in the
commission of murder-for-hire), sections 2251-2252 (relating to sexual
exploitation of children)''.
Pub. L. 100-690, Sec. 7032, substituted ``section 2321'' for
``section 2320''.
Pub. L. 100-690, Sec. 7013, made technical amendment to directory
language of Pub. L. 99-646. See 1986 Amendment note below.
Par. (10). Pub. L. 100-690, Sec. 7020(c), inserted ``the Associate
Attorney General of the United States,'' after ``Deputy Attorney General
of the United States,''.
1986--Par. (1)(B). Pub. L. 99-646, as amended by Pub. L. 100-690,
Sec. 7013, inserted ``section 1512 (relating to tampering with a
witness, victim, or an informant), section 1513 (relating to retaliating
against a witness, victim, or an informant),'' after ``section 1511
(relating to the obstruction of State or local law enforcement),''.
Pub. L. 99-570 inserted ``section 1956 (relating to the laundering
of monetary instruments), section 1957 (relating to engaging in monetary
transactions in property derived from specified unlawful activity),''.
1984--Par. (1)(A). Pub. L. 98-473, Sec. 1020(1), inserted ``dealing
in obscene matter,'' after ``extortion,''.
Par. (1)(B). Pub. L. 98-547 inserted ``sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),'' and
``section 2320 (relating to trafficking in certain motor vehicles or
motor vehicle parts),''.
Pub. L. 98-473, Sec. 1020(2), inserted ``sections 1461-1465
(relating to obscene matter),''.
Par. (1)(E). Pub. L. 98-473, Sec. 901(g), inserted cl. (E).
1978--Par. (1)(B). Pub. L. 95-575 inserted ``sections 2341-2346
(relating to trafficking in contraband cigarettes),''.
Par. (1)(D). Pub. L. 95-598 substituted ``fraud connected with a
case under title 11'' for ``bankruptcy fraud''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11, Bankruptcy,
before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of Title 11.
Effective Date of 1978 Amendments
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4 of
Pub. L. 95-575, set out as an Effective Date note under section 2341 of
this title.
Short Title of 1984 Amendment
Section 301 of chapter III (Secs. 301-322) of title II of Pub. L.
98-473 provided that: ``This title [probably means this chapter,
enacting sections 1589, 1600, 1613a, and 1616 of Title 19, Customs
Duties and sections 853, 854, and 970 of Title 21, Food and Drugs,
amending section 1963 of this title and sections 1602, 1605, 1606, 1607,
1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, 1619, and 1644 of
Title 19, sections 824, 848, and 881 of Title 21, and section 524 of
Title 28, Judiciary and Judicial Procedure, and repealing section 7607
of Title 26, Internal Revenue Code] may be cited as the `Comprehensive
Forfeiture Act of 1984'.''
Short Title
Section 1 of Pub. L. 91-452 provided in part: ``That this Act
[enacting this section, sections 841 to 848, 1511, 1623, 1955, 1962 to
1968, 3331 to 3334, 3503, 3504, 3575 to 3578, and 6001 to 6005 of this
title, and section 1826 of Title 28, Judiciary and Judicial Procedure,
amending sections 835, 1073, 1505, 1954, 2424, 2516, 2517, 3148, 3486,
and 3500 of this title, sections 15, 87f, 135c, 499m, and 2115 of Title
7, Agriculture, section 25 of Title 11, Bankruptcy, section 1820 of
Title 12, Banks and Banking, sections 49, 77v, 78u, 79r, 80a-41, 80b-9,
155, 717m, 1271, and 1714 of Title 15, Commerce and Trade, section 825f
of Title 16, Conservation, section 1333 of Title 19, Customs Duties,
section 373 of Title 21, Food and Drugs, section 161 of Title 29, Labor,
section 506 of Title 33, Navigation and Navigable Waters, sections 405
and 2201 of Title 42, The Public Health and Welfare, sections 157 and
362 of Title 45, Railroads, section 1124 of former Title 46, Shipping,
section 409 of Title 47, Telegraphs, Telephones, and Radio telegraphs,
sections 9, 43, 46, 916, 1017, and 1484 of former Title 49,
Transportation, section 792 of Title 50, War and National Defense, and
sections 643a, 1152, 2026, and former section 2155 of Title 50,
Appendix, repealing sections 837, 895, 1406, and 2514 of this title,
sections 32 and 33 of Title 15; sections 4874 and 7493 of Title 26,
Internal Revenue Code, section 827 of former Title 46, sections 47 and
48 of former Title 49, and sections 121 to 144 of Title 50, enacting
provisions set out as notes under this section and sections 841, 1511,
1955, preceding 3331, preceding 3481, 3504, and 6001 of this title, and
repealing provisions set out as a note under section 2510 of this title]
may be cited as the `Organized Crime Control Act of 1970'.''
Savings Provision
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et
seq.), or section 2516, 3057, or 3284 of this title to any act of any
person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,
1979, in connection with a case commenced before such date, see section
403(d) of Pub. L. 95-598, set out as a note preceding section 101 of
Title 11, Bankruptcy.
Separability
Section 1301 of Pub. L. 91-452 provided that: ``If the provisions of
any part of this Act [see Short Title note set out above] or the
application thereof to any person or circumstances be held invalid, the
provisions of the other parts and their application to other persons or
circumstances shall not be affected thereby.''
Congressional Statement of Findings and Purpose
Section 1 of Pub. L. 91-452 provided in part that:
``The Congress finds that (1) organized crime in the United States
is a highly sophisticated, diversified, and widespread activity that
annually drains billions of dollars from America's economy by unlawful
conduct and the illegal use of force, fraud, and corruption; (2)
organized crime derives a major portion of its power through money
obtained from such illegal endeavors as syndicated gambling, loan
sharking, the theft and fencing of property, the importation and
distribution of narcotics and other dangerous drugs, and other forms of
social exploitation; (3) this money and power are increasingly used to
infiltrate and corrupt legitimate business and labor unions and to
subvert and corrupt our democratic processes; (4) organized crime
activities in the United States weaken the stability of the Nation's
economic system, harm innocent investors and competing organizations,
interfere with free competition, seriously burden interstate and foreign
commerce, threaten the domestic security, and undermine the general
welfare of the Nation and its citizens; and (5) organized crime
continues to grow because of defects in the evidence-gathering process
of the law inhibiting the development of the legally admissible evidence
necessary to bring criminal and other sanctions or remedies to bear on
the unlawful activities of those engaged in organized crime and because
the sanctions and remedies available to the Government are unnecessarily
limited in scope and impact.
``It is the purpose of this Act [see Short Title note above] to seek
the eradication of organized crime in the United States by strengthening
the legal tools in the evidence-gathering process, by establishing new
penal prohibitions, and by providing enhanced sanctions and new remedies
to deal with the unlawful activities of those engaged in organized
crime.''
Liberal Construction of Provisions; Supersedure of Federal or State
Laws; Authority of Attorneys Representing United States
Section 904 of title IX of Pub. L. 91-452 provided that:
``(a) The provisions of this title [enacting this chapter and
amending sections 1505, 2516, and 2517 of this title] shall be liberally
construed to effectuate its remedial purposes.
``(b) Nothing in this title shall supersede any provision of
Federal, State, or other law imposing criminal penalties or affording
civil remedies in addition to those provided for in this title.
``(c) Nothing contained in this title shall impair the authority of
any attorney representing the United States to--
``(1) lay before any grand jury impaneled by any district court
of the United States any evidence concerning any alleged
racketeering violation of law;
``(2) invoke the power of any such court to compel the
production of any evidence before any such grand jury; or
``(3) institute any proceeding to enforce any order or process
issued in execution of such power or to punish disobedience of any
such order or process by any person.''
President's Commission on Organized Crime; Taking of Testimony and
Receipt of Evidence
Pub. L. 98-368, July 17, 1984, 98 Stat. 490, provided for the
Commission established by Ex. Ord. No. 12435, formerly set out below,
authority relating to taking of testimony, receipt of evidence, subpoena
power, testimony of persons in custody, immunity, service of process,
witness fees, access to other records and information, Federal
protection for members and staff, closure of meetings, rules, and
procedures, for the period of July 17, 1984, until the earlier of 2
years or the expiration of the Commission.
Executive Order No. 12435
Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex.
Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835, which established and
provided for the administration of the President's Commission on
Organized Crime, was revoked by Ex. Ord. No. 12610, Sept. 30, 1987, 52
F.R. 36901, formerly set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 924, 1956, 1959 of this
title; title 7 section 12a.
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1962. Prohibited activities.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1962]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1962. Prohibited activities
(a) It shall be unlawful for any person who has received any income
derived, directly or indirectly, from a pattern of racketeering activity
or through collection of an unlawful debt in which such person has
participated as a principal within the meaning of section 2, title 18,
United States Code, to use or invest, directly or indirectly, any part
of such income, or the proceeds of such income, in acquisition of any
interest in, or the establishment or operation of, any enterprise which
is engaged in, or the activities of which affect, interstate or foreign
commerce. A purchase of securities on the open market for purposes of
investment, and without the intention of controlling or participating in
the control of the issuer, or of assisting another to do so, shall not
be unlawful under this subsection if the securities of the issuer held
by the purchaser, the members of his immediate family, and his or their
accomplices in any pattern or racketeering activity or the collection of
an unlawful debt after such purchase do not amount in the aggregate to
one percent of the outstanding securities of any one class, and do not
confer, either in law or in fact, the power to elect one or more
directors of the issuer.
(b) It shall be unlawful for any person through a pattern of
racketeering activity or through collection of an unlawful debt to
acquire or maintain, directly or indirectly, any interest in or control
of any enterprise which is engaged in, or the activities of which
affect, interstate or foreign commerce.
(c) It shall be unlawful for any person employed by or associated
with any enterprise engaged in, or the activities of which affect,
interstate or foreign commerce, to conduct or participate, directly or
indirectly, in the conduct of such enterprise's affairs through a
pattern of racketeering activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any
of the provisions of subsection (a), (b), or (c) of this section.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
942; amended Pub. L. 100-690, title VII, Sec. 7033, Nov. 18, 1988, 102
Stat. 4398.)
Amendments
1988--Subsec. (d). Pub. L. 100-690 substituted ``subsection'' for
``subsections''.
Section Referred to in Other Sections
This section is referred to in sections 1963, 1964, 3554 of this
title; title 7 section 12a; title 8 section 1101.
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1963. Criminal penalties.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1963]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1963. Criminal penalties
(a) Whoever violates any provision of section 1962 of this chapter
shall be fined under this title or imprisoned not more than 20 years (or
for life if the violation is based on a racketeering activity for which
the maximum penalty includes life imprisonment), or both, and shall
forfeit to the United States, irrespective of any provision of State
law--
(1) any interest the person has acquired or maintained in
violation of section 1962;
(2) any--
(A) interest in;
(B) security of;
(C) claim against; or
(D) property or contractual right of any kind affording a
source of influence over;
any enterprise which the person has established, operated,
controlled, conducted, or participated in the conduct of, in
violation of section 1962; and
(3) any property constituting, or derived from, any proceeds
which the person obtained, directly or indirectly, from racketeering
activity or unlawful debt collection in violation of section 1962.
The court, in imposing sentence on such person shall order, in addition
to any other sentence imposed pursuant to this section, that the person
forfeit to the United States all property described in this subsection.
In lieu of a fine otherwise authorized by this section, a defendant who
derives profits or other proceeds from an offense may be fined not more
than twice the gross profits or other proceeds.
(b) Property subject to criminal forfeiture under this section
includes--
(1) real property, including things growing on, affixed to, and
found in land; and
(2) tangible and intangible personal property, including rights,
privileges, interests, claims, and securities.
(c) All right, title, and interest in property described in
subsection (a) vests in the United States upon the commission of the act
giving rise to forfeiture under this section. Any such property that is
subsequently transferred to a person other than the defendant may be the
subject of a special verdict of forfeiture and thereafter shall be
ordered forfeited to the United States, unless the transferee
establishes in a hearing pursuant to subsection (l) that he is a bona
fide purchaser for value of such property who at the time of purchase
was reasonably without cause to believe that the property was subject to
forfeiture under this section.
(d)(1) Upon application of the United States, the court may enter a
restraining order or injunction, require the execution of a satisfactory
performance bond, or take any other action to preserve the availability
of property described in subsection (a) for forfeiture under this
section--
(A) upon the filing of an indictment or information charging a
violation of section 1962 of this chapter and alleging that the
property with respect to which the order is sought would, in the
event of conviction, be subject to forfeiture under this section; or
(B) prior to the filing of such an indictment or information,
if, after notice to persons appearing to have an interest in the
property and opportunity for a hearing, the court determines that--
(i) there is a substantial probability that the United
States will prevail on the issue of forfeiture and that failure
to enter the order will result in the property being destroyed,
removed from the jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of the property
through the entry of the requested order outweighs the hardship
on any party against whom the order is to be entered:
Provided, however, That an order entered pursuant to subparagraph (B)
shall be effective for not more than ninety days, unless extended by the
court for good cause shown or unless an indictment or information
described in subparagraph (A) has been filed.
(2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not yet
been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the property
with respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section and that
provision of notice will jeopardize the availability of the property for
forfeiture. Such a temporary order shall expire not more than ten days
after the date on which it is entered, unless extended for good cause
shown or unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning an order
entered under this paragraph shall be held at the earliest possible
time, and prior to the expiration of the temporary order.
(3) The court may receive and consider, at a hearing held pursuant
to this subsection, evidence and information that would be inadmissible
under the Federal Rules of Evidence.
(e) Upon conviction of a person under this section, the court shall
enter a judgment of forfeiture of the property to the United States and
shall also authorize the Attorney General to seize all property ordered
forfeited upon such terms and conditions as the court shall deem proper.
Following the entry of an order declaring the property forfeited, the
court may, upon application of the United States, enter such appropriate
restraining orders or injunctions, require the execution of satisfactory
performance bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect the
interest of the United States in the property ordered forfeited. Any
income accruing to, or derived from, an enterprise or an interest in an
enterprise which has been ordered forfeited under this section may be
used to offset ordinary and necessary expenses to the enterprise which
are required by law, or which are necessary to protect the interests of
the United States or third parties.
(f) Following the seizure of property ordered forfeited under this
section, the Attorney General shall direct the disposition of the
property by sale or any other commercially feasible means, making due
provision for the rights of any innocent persons. Any property right or
interest not exercisable by, or transferable for value to, the United
States shall expire and shall not revert to the defendant, nor shall the
defendant or any person acting in concert with or on behalf of the
defendant be eligible to purchase forfeited property at any sale held by
the United States. Upon application of a person, other than the
defendant or a person acting in concert with or on behalf of the
defendant, the court may restrain or stay the sale or disposition of the
property pending the conclusion of any appeal of the criminal case
giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition of the property will result in
irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C.
3302(b), the proceeds of any sale or other disposition of property
forfeited under this section and any moneys forfeited shall be used to
pay all proper expenses for the forfeiture and the sale, including
expenses of seizure, maintenance and custody of the property pending its
disposition, advertising and court costs. The Attorney General shall
deposit in the Treasury any amounts of such proceeds or moneys remaining
after the payment of such expenses.
(g) With respect to property ordered forfeited under this section,
the Attorney General is authorized to--
(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this
chapter, or take any other action to protect the rights of innocent
persons which is in the interest of justice and which is not
inconsistent with the provisions of this chapter;
(2) compromise claims arising under this section;
(3) award compensation to persons providing information
resulting in a forfeiture under this section;
(4) direct the disposition by the United States of all property
ordered forfeited under this section by public sale or any other
commercially feasible means, making due provision for the rights of
innocent persons; and
(5) take appropriate measures necessary to safeguard and
maintain property ordered forfeited under this section pending its
disposition.
(h) The Attorney General may promulgate regulations with respect
to--
(1) making reasonable efforts to provide notice to persons who
may have an interest in property ordered forfeited under this
section;
(2) granting petitions for remission or mitigation of
forfeiture;
(3) the restitution of property to victims of an offense
petitioning for remission or mitigation of forfeiture under this
chapter;
(4) the disposition by the United States of forfeited property
by public sale or other commercially feasible means;
(5) the maintenance and safekeeping of any property forfeited
under this section pending its disposition; and
(6) the compromise of claims arising under this chapter.
Pending the promulgation of such regulations, all provisions of law
relating to the disposition of property, or the proceeds from the sale
thereof, or the remission or mitigation of forfeitures for violation of
the customs laws, and the compromise of claims and the award of
compensation to informers in respect of such forfeitures shall apply to
forfeitures incurred, or alleged to have been incurred, under the
provisions of this section, insofar as applicable and not inconsistent
with the provisions hereof. Such duties as are imposed upon the Customs
Service or any person with respect to the disposition of property under
the customs law shall be performed under this chapter by the Attorney
General.
(i) Except as provided in subsection (l), no party claiming an
interest in property subject to forfeiture under this section may--
(1) intervene in a trial or appeal of a criminal case involving
the forfeiture of such property under this section; or
(2) commence an action at law or equity against the United
States concerning the validity of his alleged interest in the
property subsequent to the filing of an indictment or information
alleging that the property is subject to forfeiture under this
section.
(j) The district courts of the United States shall have jurisdiction
to enter orders as provided in this section without regard to the
location of any property which may be subject to forfeiture under this
section or which has been ordered forfeited under this section.
(k) In order to facilitate the identification or location of
property declared forfeited and to facilitate the disposition of
petitions for remission or mitigation of forfeiture, after the entry of
an order declaring property forfeited to the United States the court
may, upon application of the United States, order that the testimony of
any witness relating to the property forfeited be taken by deposition
and that any designated book, paper, document, record, recording, or
other material not privileged be produced at the same time and place, in
the same manner as provided for the taking of depositions under Rule 15
of the Federal Rules of Criminal Procedure.
(l)(1) Following the entry of an order of forfeiture under this
section, the United States shall publish notice of the order and of its
intent to dispose of the property in such manner as the Attorney General
may direct. The Government may also, to the extent practicable, provide
direct written notice to any person known to have alleged an interest in
the property that is the subject of the order of forfeiture as a
substitute for published notice as to those persons so notified.
(2) Any person, other than the defendant, asserting a legal interest
in property which has been ordered forfeited to the United States
pursuant to this section may, within thirty days of the final
publication of notice or his receipt of notice under paragraph (1),
whichever is earlier, petition the court for a hearing to adjudicate the
validity of his alleged interest in the property. The hearing shall be
held before the court alone, without a jury.
(3) The petition shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the petitioner's
right, title, or interest in the property, the time and circumstances of
the petitioner's acquisition of the right, title, or interest in the
property, any additional facts supporting the petitioner's claim, and
the relief sought.
(4) The hearing on the petition shall, to the extent practicable and
consistent with the interests of justice, be held within thirty days of
the filing of the petition. The court may consolidate the hearing on the
petition with a hearing on any other petition filed by a person other
than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present evidence
and witnesses on his own behalf, and cross-examine witnesses who appear
at the hearing. The United States may present evidence and witnesses in
rebuttal and in defense of its claim to the property and cross-examine
witnesses who appear at the hearing. In addition to testimony and
evidence presented at the hearing, the court shall consider the relevant
portions of the record of the criminal case which resulted in the order
of forfeiture.
(6) If, after the hearing, the court determines that the petitioner
has established by a preponderance of the evidence that--
(A) the petitioner has a legal right, title, or interest in the
property, and such right, title, or interest renders the order of
forfeiture invalid in whole or in part because the right, title, or
interest was vested in the petitioner rather than the defendant or
was superior to any right, title, or interest of the defendant at
the time of the commission of the acts which gave rise to the
forfeiture of the property under this section; or
(B) the petitioner is a bona fide purchaser for value of the
right, title, or interest in the property and was at the time of
purchase reasonably without cause to believe that the property was
subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its
determination.
(7) Following the court's disposition of all petitions filed under
this subsection, or if no such petitions are filed following the
expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property
that is the subject of the order of forfeiture and may warrant good
title to any subsequent purchaser or transferee.
(m) If any of the property described in subsection (a), as a result
of any act or omission of the defendant--
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or sold to, or deposited with, a third
party;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or
(5) has been commingled with other property which cannot be
divided without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5).
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
943; amended Pub. L. 98-473, title II, Secs. 302, 2301(a)-(c), Oct. 12,
1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I, Sec. 1153(a), Oct.
27, 1986, 100 Stat. 3207-13; Pub. L. 99-646, Sec. 23, Nov. 10, 1986, 100
Stat. 3597; Pub. L. 100-690, title VII, Secs. 7034, 7058(d), Nov. 18,
1988, 102 Stat. 4398, 4403; Pub. L. 101-647, title XXXV, Sec. 3561, Nov.
29, 1990, 104 Stat. 4927.)
References in Text
The Federal Rules of Evidence, referred to in subsec. (d)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1990--Subsec. (a). Pub. L. 101-647 substituted ``or both'' for ``or
both.'' in introductory provisions.
1988--Subsec. (a). Pub. L. 100-690, Sec. 7058(d), substituted
``shall be fined under this title or imprisoned not more than 20 years
(or for life if the violation is based on a racketeering activity for
which the maximum penalty includes life imprisonment), or both.'' for
``shall be fined not more than $25,000 or imprisoned not more than
twenty years, or both''.
Subsecs. (m), (n). Pub. L. 100-690, Sec. 7034, redesignated former
subsec. (n) as (m) and substituted ``act or omission'' for ``act of
omission''.
1986--Subsecs. (c) to (m). Pub. L. 99-646 substituted ``(l)'' for
``(m)'' in subsec. (c), redesignated subsecs. (e) to (m) as (d) to (l),
respectively, and substituted ``(l)'' for ``(m)'' in subsec. (i) as
redesignated.
Subsec. (n). Pub. L. 99-570 added subsec. (n).
1984--Subsec. (a). Pub. L. 98-473, Sec. 2301(a), inserted ``In lieu
of a fine otherwise authorized by this section, a defendant who derives
profits or other proceeds from an offense may be fined not more than
twice the gross profits or other proceeds.'' following par. (3).
Pub. L. 98-473, Sec. 302, amended subsec. (a) generally, designating
existing provisions as pars. (1) and (2), inserting par. (3), and
provisions following par. (3) relating to power of the court to order
forfeiture to the United States.
Subsec. (b). Pub. L. 98-473, Sec. 302, amended subsec. (b)
generally, substituting provisions relating to property subject to
forfeiture, for provisions relating to jurisdiction of the district
courts of the United States.
Subsec. (c). Pub. L. 98-473, Sec. 302, amended subsec. (c)
generally, substituting provisions relating to transfer of rights, etc.,
in property to the United States, or to other transferees, for
provisions relating to seizure and transfer of property to the United
States and procedures related thereto.
Subsec. (d). Pub. L. 98-473, Sec. 2301(b), struck out subsec. (d)
which provided: ``If any of the property described in subsection (a):
(1) cannot be located; (2) has been transferred to, sold to, or
deposited with, a third party; (3) has been placed beyond the
jurisdiction of the court; (4) has been substantially diminished in
value by any act or omission of the defendant; or (5) has been
commingled with other property which cannot be divided without
difficulty; the court shall order the forfeiture of any other property
of the defendant up to the value of any property described in paragraphs
(1) through (5).''
Pub. L. 98-473, Sec. 302, added subsec. (d).
Subsecs. (e) to (m). Pub. L. 98-473, Sec. 302, added subsecs. (d) to
(m).
Subsec. (m)(1). Pub. L. 98-473, Sec. 2301(c), struck out ``for at
least seven successive court days'' after ``dispose of the property''.
Section Referred to in Other Sections
This section is referred to in sections 2516, 3293, 3554 of this
title; title 7 section 12a; title 50 App. section 2410.
--------------------------------------------------------------------------
1964. Civil remedies.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1964]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1964. Civil remedies
(a) The district courts of the United States shall have jurisdiction
to prevent and restrain violations of section 1962 of this chapter by
issuing appropriate orders, including, but not limited to: ordering any
person to divest himself of any interest, direct or indirect, in any
enterprise; imposing reasonable restrictions on the future activities or
investments of any person, including, but not limited to, prohibiting
any person from engaging in the same type of endeavor as the enterprise
engaged in, the activities of which affect interstate or foreign
commerce; or ordering dissolution or reorganization of any enterprise,
making due provision for the rights of innocent persons.
(b) The Attorney General may institute proceedings under this
section. Pending final determination thereof, the court may at any time
enter such restraining orders or prohibitions, or take such other
actions, including the acceptance of satisfactory performance bonds, as
it shall deem proper.
(c) Any person injured in his business or property by reason of a XYZZY
violation of section 1962 of this chapter may sue therefor in any
appropriate United States district court and shall recover threefold the
damages he sustains and the cost of the suit, including a reasonable
attorney's fee, except that no person may rely upon any conduct that
would have been actionable as fraud in the purchase or sale of
securities to establish a violation of section 1962. The exception
contained in the preceding sentence does not apply to an action against
any person that is criminally convicted in connection with the fraud, in
which case the statute of limitations shall start to run on the date on
which the conviction becomes final.
(d) A final judgment or decree rendered in favor of the United
States in any criminal proceeding brought by the United States under
this chapter shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding
brought by the United States.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
943; amended Pub. L. 98-620, title IV, Sec. 402(24)(A), Nov. 8, 1984, 98
Stat. 3359; Pub. L. 104-67, title I, Sec. 107, Dec. 22, 1995, 109 Stat.
758.)
Amendments
1995--Subsec. (c). Pub. L. 104-67 inserted before period at end ``,
except that no person may rely upon any conduct that would have been
actionable as fraud in the purchase or sale of securities to establish a
violation of section 1962. The exception contained in the preceding
sentence does not apply to an action against any person that is
criminally convicted in connection with the fraud, in which case the
statute of limitations shall start to run on the date on which the
conviction becomes final''.
1984--Subsec. (b). Pub. L. 98-620 struck out provision that in any
action brought by the United States under this section, the court had to
proceed as soon as practicable to the hearing and determination thereof.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-67 not to affect or apply to any private
action arising under title I of the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) or title I of the Securities Act of 1933 (15 U.S.C.
77a et seq.), commenced before and pending on Dec. 22, 1995, see section
108 of Pub. L. 104-67, set out as a note under section 77l of Title 15,
Commerce and Trade.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Construction of 1995 Amendment
Nothing in amendment by Pub. L. 104-67 to be deemed to create or
ratify any implied right of action, or to prevent Securities and
Exchange Commission, by rule or regulation, from restricting or
otherwise regulating private actions under Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.), see section 203 of Pub. L. 104-67, set out
as a Construction note under section 78j-1 of Title 15, Commerce and
Trade.
Section Referred to in Other Sections
This section is referred to in section 1965 of this title.
--------------------------------------------------------------------------
1965. Venue and process.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1965]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1965. Venue and process
(a) Any civil action or proceeding under this chapter against any XYZZY
person may be instituted in the district court of the United States for
any district in which such person resides, is found, has an agent, or
transacts his affairs.
(b) In any action under section 1964 of this chapter in any district XYZZY
court of the United States in which it is shown that the ends of justice
require that other parties residing in any other district be brought
before the court, the court may cause such parties to be summoned, and
process for that purpose may be served in any judicial district of the
United States by the marshal thereof.
(c) In any civil or criminal action or proceeding instituted by the XYZZY
United States under this chapter in the district court of the United
States for any judicial district, subpenas issued by such court to
compel the attendance of witnesses may be served in any other judicial
district, except that in any civil action or proceeding no such subpena
shall be issued for service upon any individual who resides in another
district at a place more than one hundred miles from the place at which
such court is held without approval given by a judge of such court upon
a showing of good cause.
(d) All other process in any action or proceeding under this chapter
may be served on any person in any judicial district in which such
person resides, is found, has an agent, or transacts his affairs.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
944.)
--------------------------------------------------------------------------
1966. Expedition of actions.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1966]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1966. Expedition of actions
In any civil action instituted under this chapter by the United
States in any district court of the United States, the Attorney General
may file with the clerk of such court a certificate stating that in his
opinion the case is of general public importance. A copy of that
certificate shall be furnished immediately by such clerk to the chief
judge or in his absence to the presiding district judge of the district
in which such action is pending. Upon receipt of such copy, such judge
shall designate immediately a judge of that district to hear and
determine action.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
944; amended Pub. L. 98-620, title IV, Sec. 402(24)(B), Nov. 8, 1984, 98
Stat. 3359.)
Amendments
1984--Pub. L. 98-620 struck out provision that the judge so
designated had to assign such action for hearing as soon as practicable,
participate in the hearings and determination thereof, and cause such
action to be expedited in every way.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
--------------------------------------------------------------------------
1967. Evidence.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1967]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1967. Evidence
In any proceeding ancillary to or in any civil action instituted by
the United States under this chapter the proceedings may be open or
closed to the public at the discretion of the court after consideration
of the rights of affected persons.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
944.)
--------------------------------------------------------------------------
1968. Civil investigative demand.
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 18USC1968]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1968. Civil investigative demand
(a) Whenever the Attorney General has reason to believe that any
person or enterprise may be in possession, custody, or control of any
documentary materials relevant to a racketeering investigation, he may,
prior to the institution of a civil or criminal proceeding thereon,
issue in writing, and cause to be served upon such person, a civil
investigative demand requiring such person to produce such material for
examination.
(b) Each such demand shall--
(1) state the nature of the conduct constituting the alleged
racketeering violation which is under investigation and the
provision of law applicable thereto;
(2) describe the class or classes of documentary material
produced thereunder with such definiteness and certainty as to
permit such material to be fairly identified;
(3) state that the demand is returnable forthwith or prescribe a
return date which will provide a reasonable period of time within
which the material so demanded may be assembled and made available
for inspection and copying or reproduction; and
(4) identify the custodian to whom such material shall be made
available.
(c) No such demand shall--
(1) contain any requirement which would be held to be
unreasonable if contained in a subpena duces tecum issued by a court
of the United States in aid of a grand jury investigation of such
alleged racketeering violation; or
(2) require the production of any documentary evidence which
would be privileged from disclosure if demanded by a subpena duces
tecum issued by a court of the United States in aid of a grand jury
investigation of such alleged racketeering violation.
(d) Service of any such demand or any petition filed under this
section may be made upon a person by--
(1) delivering a duly executed copy thereof to any partner,
executive officer, managing agent, or general agent thereof, or to
any agent thereof authorized by appointment or by law to receive
service of process on behalf of such person, or upon any individual
person;
(2) delivering a duly executed copy thereof to the principal
office or place of business of the person to be served; or
(3) depositing such copy in the United States mail, by
registered or certified mail duly addressed to such person at its
principal office or place of business.
(e) A verified return by the individual serving any such demand or
petition setting forth the manner of such service shall be prima facie
proof of such service. In the case of service by registered or certified
mail, such return shall be accompanied by the return post office receipt
of delivery of such demand.
(f)(1) The Attorney General shall designate a racketeering
investigator to serve as racketeer document custodian, and such
additional racketeering investigators as he shall determine from time to
time to be necessary to serve as deputies to such officer.
(2) Any person upon whom any demand issued under this section has
been duly served shall make such material available for inspection and
copying or reproduction to the custodian designated therein at the
principal place of business of such person, or at such other place as
such custodian and such person thereafter may agree and prescribe in
writing or as the court may direct, pursuant to this section on the
return date specified in such demand, or on such later date as such
custodian may prescribe in writing. Such person may upon written
agreement between such person and the custodian substitute for copies of
all or any part of such material originals thereof.
(3) The custodian to whom any documentary material is so delivered
shall take physical possession thereof, and shall be responsible for the
use made thereof and for the return thereof pursuant to this chapter.
The custodian may cause the preparation of such copies of such
documentary material as may be required for official use under
regulations which shall be promulgated by the Attorney General. While in
the possession of the custodian, no material so produced shall be
available for examination, without the consent of the person who
produced such material, by any individual other than the Attorney
General. Under such reasonable terms and conditions as the Attorney
General shall prescribe, documentary material while in the possession of
the custodian shall be available for examination by the person who
produced such material or any duly authorized representatives of such
person.
(4) Whenever any attorney has been designated to appear on behalf of
the United States before any court or grand jury in any case or
proceeding involving any alleged violation of this chapter, the
custodian may deliver to such attorney such documentary material in the
possession of the custodian as such attorney determines to be required
for use in the presentation of such case or proceeding on behalf of the
United States. Upon the conclusion of any such case or proceeding, such
attorney shall return to the custodian any documentary material so
withdrawn which has not passed into the control of such court or grand
jury through the introduction thereof into the record of such case or
proceeding.
(5) Upon the completion of--
(i) the racketeering investigation for which any documentary
material was produced under this chapter, and
(ii) any case or proceeding arising from such investigation, the
custodian shall return to the person who produced such material all
such material other than copies thereof made by the Attorney General
pursuant to this subsection which has not passed into the control of
any court or grand jury through the introduction thereof into the
record of such case or proceeding.
(6) When any documentary material has been produced by any person
under this section for use in any racketeering investigation, and no
such case or proceeding arising therefrom has been instituted within a
reasonable time after completion of the examination and analysis of all
evidence assembled in the course of such investigation, such person
shall be entitled, upon written demand made upon the Attorney General,
to the return of all documentary material other than copies thereof made
pursuant to this subsection so produced by such person.
(7) In the event of the death, disability, or separation from
service of the custodian of any documentary material produced under any
demand issued under this section or the official relief of such
custodian from responsibility for the custody and control of such
material, the Attorney General shall promptly--
(i) designate another racketeering investigator to serve as
custodian thereof, and
(ii) transmit notice in writing to the person who produced such
material as to the identity and address of the successor so
designated.
Any successor so designated shall have with regard to such materials all
duties and responsibilities imposed by this section upon his predecessor
in office with regard thereto, except that he shall not be held
responsible for any default or dereliction which occurred before his
designation as custodian.
(g) Whenever any person fails to comply with any civil investigative
demand duly served upon him under this section or whenever satisfactory
copying or reproduction of any such material cannot be done and such
person refuses to surrender such material, the Attorney General may
file, in the district court of the United States for any judicial
district in which such person resides, is found, or transacts business,
and serve upon such person a petition for an order of such court for the
enforcement of this section, except that if such person transacts
business in more than one such district such petition shall be filed in
the district in which such person maintains his principal place of
business, or in such other district in which such person transacts
business as may be agreed upon by the parties to such petition.
(h) Within twenty days after the service of any such demand upon any
person, or at any time before the return date specified in the demand,
whichever period is shorter, such person may file, in the district court
of the United States for the judicial district within which such person
resides, is found, or transacts business, and serve upon such custodian
a petition for an order of such court modifying or setting aside such
demand. The time allowed for compliance with the demand in whole or in
part as deemed proper and ordered by the court shall not run during the
pendency of such petition in the court. Such petition shall specify each
ground upon which the petitioner relies in seeking such relief, and may
be based upon any failure of such demand to comply with the provisions
of this section or upon any constitutional or other legal right or
privilege of such person.
(i) At any time during which any custodian is in custody or control
of any documentary material delivered by any person in compliance with
any such demand, such person may file, in the district court of the
United States for the judicial district within which the office of such
custodian is situated, and serve upon such custodian a petition for an
order of such court requiring the performance by such custodian of any
duty imposed upon him by this section.
(j) Whenever any petition is filed in any district court of the
United States under this section, such court shall have jurisdiction to
hear and determine the matter so presented, and to enter such order or
orders as may be required to carry into effect the provisions of this
section.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
944.)
Section Referred to in Other Sections
This section is referred to in title 12 section 1833a.